Planos de saúde veterinários no Brasil: desafios jurídicos e a evolução da relação humano-animal

Abstract

This study aims to analyze the regulation and legal challenges related to veterinary health insurance plans in Brazil, highlighting the regulatory gap that still characterizes the sector and the impact of this absence on animals and their owners. The research starts by examining the legal status of animals within the Brazilian legal system, showing that while some scholars recognize their sentience, others classify them as movable property, a stance adopted by the Civil Code, creating a tension between their potential status as rights holders and the prevailing utilitarian perspective. Next, the study explores the consumer relationship in veterinary health insurance contracts, pointing out the differences compared to human insurance plans and highlighting abusive practices by insurers, such as clauses that limit access to essential treatments. The research also addresses the increasing judicialization of the sector, analyzing rulings from various state courts discussing the responsibility of providers and the right of owners to compensation in cases of coverage denial. Finally, the study evaluates Bill No. 2.888/2019 and other initiatives aimed at regulating animal health insurance plans, as well as the role of agencies such as the Superintendence of Private Insurance (SUSEP) and the Federal Council of Veterinary Medicine (CFMV) in overseeing the market. It concludes that clear and effective regulation is essential to balance the consumer relationship, ensure animal welfare, and protect the rights of owners, contributing to the establishment of a more inclusive and harmonious legal system.